SENIOR lawyer Joji Cakau is expected to file a review of the bail application for his client, a 37-year-old man accused of importing 4.7 kilograms of liquid methamphetamine.
The accused, Eroni Kitanamati, appeared before Chief Magistrate Josaia Waqaivolavola at the Suva Magistrate’s Court yesterday.
The alleged offence occurred between September 11 and 12 this year and is linked to a case where two police officers, aged 43 and 31, were earlier charged.
During proceedings, Mr Waqaivolavola said he could not locate Mr Kitanamati’s notice of motion or formal bail application. Mr Cakau, instead, filed an affidavit on behalf of his client.
Mr Waqaivolavola reminded the lawyer that an affidavit was “purely based on evidence and not on law authorities or submissions”.
Prosecutor Unal Lal said Mr Cakau must file a notice of motion for bail review under section 30 (7) of the Bail Act.
Mr Lal told the court that Mr Kitanamati’s initial bail had been refused by Magistrate Charles Ratakele, who later recused himself because he was related to the accused.
He added that any review required a change in circumstances.
Mr Waqaivolavola directed the defence to file its application by October 22, with the State to respond by October 24.
The bail review hearing is scheduled for October 27.
